Bill > S2332

This bill allows cities and towns to enter into "design build contracts" for wastewater and water treatment facilities, which means a single contract covers the design, construction, operation, and maintenance of these facilities. These contracts are not subject to the usual competitive bidding rules for public projects but must follow specific procedures outlined in chapter 30B of the General Laws, which governs municipal procurement, with some exceptions. The bill permits these contracts to have a term of up to 20 years, with a possible 5-year extension, and allows cities and towns to be liable for financing costs, which will be spread out over the useful life of the improvements. It also mandates that if a city or town already has municipal employees operating a wastewater treatment plant, any new contractor must offer employment to those existing workers and adhere to the terms of their current labor agreements, including wages and benefits, to ensure stable labor relations and continued operation of the facilities. Furthermore, the bill requires independent review and approval of plans and specifications by a qualified wastewater engineer before construction begins and before the city or town accepts the completed work, especially for projects over $100,000. Finally, it clarifies that design and construction services for wastewater treatment facility improvements under these contracts can be eligible for assistance from the water pollution abatement trust, and that any new capital improvements or renovations costing over $100,000 not included in the original contract must be bid separately unless the contractor covers the costs without additional reimbursement from the city or town.